Court Rules
Judge

Judge John B. Licata

Individual Rules, Standing Orders & Policies

Rules last changed:
New York Supreme Court, Erie County

Adjournments

  • Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

Request must include

Reason For RequestProposed New DatesProposed Rescheduled Date
Filters:AllMandatoryImportantFormattingProposed OrdersOral ArgumentDiscoveryElectronicsConferencesSettlementMemoranda

Document Format Requirements2 rules

FormattingCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.

Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.

Required Format

DOCX

FormattingCivil cases

Not confirmed. Read the court's wording below.Mandatory?

All cases must be referred by order of referral on the 8 th Judicial District’s form (a copy of which is attached) and sent to 8jdadr@nycourts.gov.

Summary: An order of referral must be submitted on the Eighth Judicial District’s form and sent to the MPV ADR Program at 8jdadr@nycourts.gov.

JudgeLicata2026 · May 2026 · p. 5
|SecEighth Judicial District Martin P. Violante Alternative Dispute Resolution (MPV ADR) Protocols

Document Filing Requirements10 rules

Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.

Document Type

Motion

Content & Formatting
Proposed Order
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

A discovery motion must be supported by an affidavit or affirmation documenting a good-faith attempt to resolve the dispute.

Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

A Note of Issue must be filed before the court will schedule a trial, issue a Trial Scheduling Order, or provide a trial date.

The filing of the NOI is a condition precedent to the court scheduling a trial and issuing a Trial Scheduling Order. The court will not provide a trial date until after the NOI is filed.

Document Type

Note Of Issue

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

When a litigant is merely switching attorneys, a stipulation consenting to the change is required and a motion need not be filed.

Where the litigant is merely switching attorneys, a stipulation consenting to change attorneys is required and a motion need not be brought.

Document Type

Stipulation

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

An attorney seeking withdrawal that would leave the litigant self-represented must file a motion by order to show cause on notice.

Any attorney seeking to withdraw from a case MUST FILE A MOTION by order to show cause on notice where the granting of such application would result in the litigant being self-represented.

Document Type

Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Mandatory

Before the referring judge signs an order of referral, each attorney on the case must fully complete and provide an attorney affirmation.

Before signing an order of referral, each attorney on the case must fully complete and provide to the referring judge an attorney affirmation (a copy of which is attached).

Document Type

Attorney Affirmation

Specific requirements detailed in rule text.
JudgeLicata2026 · May 2026 · p. 5
|SecEighth Judicial District Martin P. Violante Alternative Dispute Resolution (MPV ADR) Protocols
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Important

A discovery application lacking an affidavit or affirmation of good-faith effort will likely be rejected.

Applications lacking the affidavit or affirmation of good faith effort will likely be rejected.

Document Type

Discovery Motion

Specific requirements detailed in rule text.
Filing RequirementsCivil cases

Checked and corrected to match the court's document on Oct 5, 2026Important

A settlement within available insurance coverage for a case exceeding the policy limits should be accompanied by three affidavits addressing the insured parties' coverage knowledge, counsel's coverage investigation, and the insurer's lack of knowledge of other applicable coverage.

If a case with a value in excess of the policy limits is being settled for available insurance coverage, be prepared to submit all of the following: an affidavit from the insureds detailing their knowledge of insurance coverage; an affidavit from counsel who is offering the policy limits detailing their activities in ===== PAGE 4 ===== ascertaining the existence of all available insurance coverage, and; an affidavit from a principal with the insurance company swearing they have no knowledge of any other applicable insurance coverage.

Document Type

Policy Limits Settlement

Specific requirements detailed in rule text.
JudgeLicata2026 · May 2026 · p. 3
|SecSpecial Requirement on Settlements in Policy Limits Cases
Filing RequirementsCivil cases

Checked against the court's document on Oct 5, 2026Note

Applications for an order should include available police or medical reports and the Protective Registry Information Sheet.

Applications for an order SHOULD include police and/or medical reports if available, as well as the Protective Registry Information Sheet.

Document Type

Order Of Protection Application

Specific requirements detailed in rule text.
JudgeLicata2026 · May 2026 · p. 4
|SecOrders of Protection
Filing RequirementsCivil cases

Not confirmed. Read the court's wording below.Mandatory?

After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.

Summary: Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

Document Type

Exhibits

Specific requirements detailed in rule text.
JudgeLicata2026 · May 2026 · p. 2
|SecELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

Filing & Service rules

Electronic Filing Rules

Letters to the court may not be uploaded to NYSCEF without prior court approval and instead should be emailed to Ms. Burke or Ms. Pazik.

Please note, no letters to the court are to be uploaded to NYSCEF regarding court cases without prior approval of the court – please email such letters to Ms. Burke or Ms. Pazik and the court will address them.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 3 | Electronic Submissions

Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

In the NYSCEF system, each exhibit must be uploaded as a separate .pdf file. After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.

Not confirmed. Read the court's wording below. · Civil cases

Page 2 | ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

Service and Proof of Service Rules

Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

except for reply papers which are to be served upon the court by 5 p.m. on the Monday preceding the return date of the ===== PAGE 2 ===== motion.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 1 | MOTIONS

A notice withdrawing a motion must be emailed to Shannon Burke and Mary Pazik.

Notice of withdrawal of a motion is to be sent by email to Shannon Burke AND Mary Pazik.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 2 | MOTIONS

Pre-Motion Conference Requirements

Counsel must first have a verbal discussion about discovery issues and then attend a conference with the court to resolve the dispute.

This requires that counsel engage in good faith efforts to resolve discovery disputes, which means a verbal conversation about the issues, then a conference with the court.

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 3 | Discovery

Counsel for all parties must consult before a preliminary or compliance conference.

Note that 22 NYCRR § 202.11 requires that “Counsel for all parties shall consult prior to a preliminary or compliance conference. . .”

Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases

Page 3 | Discovery

A discovery motion filed before a Teams or phone conference is scheduled will be denied upon submission without oral argument.

Discovery motions filed before scheduling a Teams or phone conference will result in the motion paper being denied upon submission without oral argument.

Not confirmed. Read the court's wording below. · Civil cases

Page 3 | Discovery

A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.

Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.

Not confirmed. Read the court's wording below. · Civil cases

Page 3 | Discovery

Adjournment & Extension Requirements

Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

The court is aware that all laws bend before Murphy’s Law - so requests for an adjournment are typically granted unless it creates a scheduling problem associated with a hearing date, jury selection, or trial. Please confer with opposing counsel to select mutually acceptable dates to propose to the court for the rescheduled conference or motion. If the adjournment request is not on consent, and both parties have read this court’s local rules, contact chambers and the matter will be promptly handled.

Not confirmed. Read the court's wording below. · Civil cases

Page 1 | SCHEDULING AND ADJOURNMENTS

Chambers Communication Rules

Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.

These rules are inherently flexible, by court discretion. You are encouraged to call chambers to discuss your situation in advance of the arrival of the applicable deadline to avoid the expression “Oh dear, what an awkward situation.”

Checked against the court's document on Oct 5, 2026 · Civil cases

Page 1 | Rule #1 Be Prepared through Rule #4 Repeat as Needed

Court-wide rules

Applies court-wide

These 4 rules apply across New York Supreme Court, Erie County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 3
  • Applies to
    236B financial affidavit

    Both sides must exchange completed 236B Financial Affidavits before the first court conference.

  • Applies to
    Proposed dispositions

    Parties or their attorneys must exchange proposed dispositions after exchanging the required information.

  • Applies to
    Final judgment roll

    Within a few weeks after the specified stipulation or fully executed agreements, one attorney must submit the final judgment roll, including the final Findings and Judgment.

Service

All 1
  • A certified copy of the final judgment must be served on both parties.

Common questions about Judge John B. Licata's rules

Does Judge John B. Licata require a pre-motion conference or letter before filing a motion?

The rule does not state that a pre-motion letter is required, but it sets the applicable pre-motion procedure. A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.

View ruleSource: page 3, section Discovery

What formatting rules apply to filings before Judge John B. Licata?

Judge John B. Licata's formatting rule includes file format docx. The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.

View ruleSource: page 2, section MOTIONS

What must be included with motion filings before Judge John B. Licata?

The rule requires proposed order. Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

View ruleSource: page 2, section MOTIONS

What must be included with exhibits filings before Judge John B. Licata?

The rule identifies required filing content or certificates. Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

View ruleSource: page 2, section ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

How may parties contact Judge John B. Licata's chambers?

The rule addresses phone communications with Judge John B. Licata's chambers. Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.

View ruleSource: page 1, section Rule #1 Be Prepared through Rule #4 Repeat as Needed

How do I request an adjournment or extension before Judge John B. Licata?

Advance notice is not fully stated in the structured details. The request must include reason for request, proposed new dates, and proposed rescheduled date. Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

View ruleSource: page 1, section SCHEDULING AND ADJOURNMENTS

Is electronic filing required before Judge John B. Licata?

Yes. Electronic filing is required for the covered filings. Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

View ruleSource: page 2, section ELECTRONIC SUBMISSIONS — III. Filing of Papers — H. Exhibits

What rule applies to serving the court before Judge John B. Licata?

The rule addresses service method, recipient, or timing requirements. Details: recipient: the court. Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

View ruleSource: page 1, section MOTIONS
Complete rules summary for Judge John B. Licata

Counsel are encouraged, but not required, to call chambers before an applicable deadline to discuss the situation.

Adjournment requests are typically granted unless they create a scheduling problem involving a hearing date, jury selection, or trial; parties should confer to select mutually acceptable dates, and non-consent requests may be promptly handled through chambers.

Reply papers must be served upon the court by 5 p.m. on the Monday preceding the motion’s return date.

A notice withdrawing a motion must be emailed to Shannon Burke and Mary Pazik.

Within ten days after oral argument, movant’s counsel must submit a proposed order in Microsoft Word format by email to opposing counsel and Todd Bushway, Esq.

The proposed order must be submitted in Microsoft Word format by email within ten days after oral argument.

Each NYSCEF exhibit must be uploaded as a separate PDF, designated as an Exhibit with a number or letter and brief description, and have a separate cover sheet marked Exhibit A, Exhibit B, and so forth.

Each exhibit must have a separate cover sheet marked with its exhibit designation and must include a brief description beyond merely stating Exhibit A or Exhibit B.

Letters to the court may not be uploaded to NYSCEF without prior court approval and instead should be emailed to Ms. Burke or Ms. Pazik.

Counsel for all parties must consult before a preliminary or compliance conference.

A discovery motion seeking disclosure must include an affidavit or affirmation of a good-faith attempt to resolve the dispute, and the moving party must call chambers and schedule a Teams or phone conference before filing.

A discovery motion must be supported by an affidavit or affirmation documenting a good-faith attempt to resolve the dispute.

A discovery motion filed before a Teams or phone conference is scheduled will be denied upon submission without oral argument.

A discovery application lacking an affidavit or affirmation of good-faith effort will likely be rejected.

Counsel must first have a verbal discussion about discovery issues and then attend a conference with the court to resolve the dispute.

A Note of Issue must be filed before the court will schedule a trial, issue a Trial Scheduling Order, or provide a trial date.

A settlement within available insurance coverage for a case exceeding the policy limits should be accompanied by three affidavits addressing the insured parties' coverage knowledge, counsel's coverage investigation, and the insurer's lack of knowledge of other applicable coverage.

Applications for an order should include available police or medical reports and the Protective Registry Information Sheet.

An attorney seeking withdrawal that would leave the litigant self-represented must file a motion by order to show cause on notice.

When a litigant is merely switching attorneys, a stipulation consenting to the change is required and a motion need not be filed.

An order of referral must be submitted on the Eighth Judicial District’s form and sent to the MPV ADR Program at 8jdadr@nycourts.gov.

Before the referring judge signs an order of referral, each attorney on the case must fully complete and provide an attorney affirmation.

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